from the United States Patent and Trademark Office, Patent
Trial and Appeal Board in No. IPR2014-01134.
Arthur Moore, Pillsbury Winthrop Shaw Pittman LLP, San Diego,
CA, argued for appellants. Also represented by Matthew Robert
Stephens, Brian Christopher Nash, Austin, TX.
James Bumgardner, Nelson Bumgardner PC, Fort Worth, TX,
argued for appellee. Also represented by John P. Murphy.
Dyk, Reyna, and Taranto, Circuit Judges.
Corporation and ZTE (USA), Inc. appeal a final written
decision of the Patent Trial and Appeal Board in an inter
partes review. Appellants argue that the Board
improperly construed the claim term "message" and
erred in finding that HTC failed to show that the prior art
anticipated or rendered obvious the challenged claims. We
find no error in the Board's claim construction, and
substantial evidence supports the Board's patentability
determination. We affirm.
Patent No. 7, 941, 174 ("'174 patent") is
directed to methods and apparatuses for a radio
communications system where a subscriber station, i.e., a
mobile device, is assigned a plurality of codes for
transmitting messages. '174 Patent Abstract, col. 2 ll.
1-6. The assigned codes correspond to data transmission
channels in a Universal Mobile Telecommunications System
("UMTS"), in particular here, a Dedicated Uplink
Channel ("DCH") for transmitting messages and an
Enhanced Dedicated Uplink Channel ("EDCH") for
transmitting high bit rate messages. Id. col. 4 ll.
26-40. To send messages to a UMTS base station, the
subscriber station requires "transmit" or
"transmission" power. When radio transmission
conditions deteriorate, such as when there is a high amount
of interference in the communications cell, the base station
may command the subscriber station to increase transmit power
in order to send the message. Id. col. 7 ll. 20-26,
31-33; J.A. 2125. But the subscriber station is limited in
the amount of transmission power it can use, called the
"maximum transmission power, " which is
"preferably predetermined by the hardware of the
subscriber station" or "predefined on the network
side." Id. col. 2 ll. 50-51, 57-58. According
to the '174 patent, operating at maximum transmission
power is undesirable because the subscriber station cannot
increase transmission power to overcome poor transmission
conditions, which in turn results in incomplete and aborted
message transmissions. See id. col. 6 ll. 20-27.
avoid operating at maximum transmission power, the '174
patent's claimed solution sets a "transmit power
difference" or "power headroom" for the
plurality of codes in the subscriber station at the beginning
of a message transmission. Id. col. 6 ll. 40-47.
Setting this power headroom permits the subscriber station
when sending messages to increase transmit power to overcome
interference and thus avoid aborted message transmission. The
transmit power difference "corresponds to an unused
transmit power at the start of the transmission" of a
message, such as a message transmitted over EDCH.
Id. col. 6 ll. 47-49.
of the method claims, independent claim 1 teaches:
method for operating a radio communication system in which a
subscriber station is assigned a plurality of codes for
transmitting messages, comprising:
determining a transmit power difference which is to be
maintained by the subscriber station between on one hand a
total maximum transmit power of the subscriber station for
the codes and on another hand a total transmit power of the
subscriber station for the codes at a start of a message
transmission using a first one of the codes.
Id. col. 9 ll. 56-64.
of the apparatus claims, independent claim 18 teaches:
subscriber station for a radio communication system, the
subscriber station assigned a plurality of codes for
transmitting messages, comprising:
at least one processor programmed to determine a transmit
power difference which is to be maintained by the subscriber
station between on one hand a total maximum transmit power of
the subscriber station for the codes and on another hand a
total transmit power of the subscriber station for the codes
at a start of a message transmission using a first one of the
Id. col. 12 11. 1-10.
sole figure in the specification depicts the relationship
between the mobile station, UE, which transmits messages over
the DCH and EDCH channels, and base station, NODE B, in a